2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff runs a construction machinery contract and a rental business under the trade name of “C”, and the Defendant runs a construction business under the trade name of “D”.

B. The Plaintiff concluded a lease contract between the Defendant and the monthly user fee of KRW 8.5 million, and the date of payment of user fees, respectively, by setting a lease contract as the last day of each month, and leased the excavation season from May 1, 2013 to August 5, 2013.

After that, the sum of the user fees, etc. for equipment generated by the Defendant using caters is 29,540,000 won (3,00,000 value-added tax of KRW 3,00,000 for transportation of equipment).

C. By August 20, 2013, the Defendant paid a total of KRW 14,00,000 to the Plaintiff.

After that, on February 13, 2017, the Plaintiff filed a lawsuit against the Defendant claiming for the fee for the use of equipment (hereinafter referred to as “prior case”) against the Defendant for the payment of KRW 15,540,00,000 (=29,540,000 - 14,000) on the ground that the Defendant did not pay the said fee for the use of equipment for the above excavation period (hereinafter referred to as “pre-trial case”).

On July 13, 2017, the court of the preceding case rendered a judgment dismissing the Plaintiff’s claim on the ground that “the Plaintiff’s claim for the user fee of equipment against the Defendant was extinguished by the lapse of the three-year statute of limitations stipulated in Article 163 subparag. 1 through 3 of the Civil Act,” and the foregoing judgment became final and conclusive on August 4, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay a sum of KRW 15,540,00,00, such as the fees for the extraction of mining machines (in-house rent) payable to the plaintiff. Meanwhile, the five-year statute of limitations has not expired since the plaintiff's claim such as the above fees is a general commercial claim and the five-year statute of limitations has been applied.

B. The Defendant’s claim for the above fee against the Plaintiff is already subject to the three-year short-term extinctive prescription under Article 163 of the Civil Act.